Agenda 07/13/2021 Item #16K13 (Stipulated Final Judgement - Parcel 1204FEE)07/13/2021
EXECUTIVE SUMMARY
Recommendation to approve a Stipulated Final Judgment in the amount of $68,000, plus $15,205 in
statutory attorneys’ fees and costs and expert fees and costs, for the taking of Parcel 1204FEE,
required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
_____________________________________________________________________________________
OBJECTIVE: To settle full compensation for the taking of Parcel 1204FEE required for the
construction of Vanderbilt Beach Road, Project 60168.
CONSIDERATIONS: On September 22, 2020, the Board authorized, via Resolution No. 2020-175, the
condemnation of Parcel 1204FEE for the construction of roadway, drainage and utility improvements
required for the expansion and extension of Vanderbilt Beach Road from Collier Blvd. to east of 16th
Street NE, and Massey Street from Vanderbilt Beach Road to south of Mockingbird Dr. The fee simple
acquisition area consists of a strip taking along the rear, northerly boundary of the property and is
approximately 18,000 square feet (0.41 acres) in size. The parent tract is owned by Michael A. Bohall, as
Trustee of the Michael Bohall Trust Agreement Dated August 27, 2013, and contains 2.73 acres of gross
land area, which will be reduced to 2.32 acres after the acquisition. An aerial photograph of the subject
property is attached to this item for reference. The property owners’ appraiser valued the parcel at
$90,500. The County’s appraiser estimated full compensation at $48,600 including severance damages.
This amount was adjusted to $51,500 to account for the increase in property values between the date of
the appraisal and the date of the deposit of funds following the order of taking. The parties participated in
informal negotiations and reached an agreement. The attached Stipulated Final Judgment reflects a
negotiated compensation amount of $68,000, plus $8,580 in statutory attorneys’ fees and costs and $6,625
in expert fees and costs, for a total of $83,205.
The Transportation Engineering Division recommends approval of this Stipulated Final Judgment since a
better result is not anticipated at trial. Upon approval, the County Attorney’s Office will file the Joint
Motion and Stipulated Final Judgment with the Circuit Court.
FISCAL IMPACT: The County is entitled to a credit of $48,600 based on its deposit of the good faith
estimate of value. Funds for the balance of $34,775, which includes the Clerk’s $170.00 deposit fee, are
available in the Vanderbilt Beach Road Extension Project Capital Fund, Project 60168. The primary
funding source for the acquisition is impact fees. Should impact fees not be sufficient within the project,
the secondary funding source will be gas taxes.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for Board approval. - SAA
RECOMMENDATION: To approve the attached Joint Motion and Stipulated Final Judgment and
authorize the payment of funds as stated herein.
PREPARED BY: Robert Bosch, Manager, ROW Acquisition, Transportation Engineering
Division, Growth Management Department
ATTACHMENT(S)
1. EXECUTED - 1204FEE SFJ; Bohall 063021 (DOCX)
2. Aerial Depiction 1204FEE (PDF)
16.K.13
Packet Pg. 2610
07/13/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.13
Doc ID: 17419
Item Summary: Recommendation to approve a Stipulated Final Judgment in the amount of
$68,000, plus $15,205 in statutory attorneys’ fees and costs and expert fees and costs, for the taking of
Parcel 1204FEE, required for the Vanderbilt Beach Road Extension Project, Project No., 60168.
Meeting Date: 07/13/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Jessica Hayes
07/01/2021 8:14 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
07/01/2021 8:14 AM
Approved By:
Review:
Transportation Engineering Robert Bosch Additional Reviewer Completed 07/01/2021 8:42 AM
Growth Management Operations Support Christopher Johnson Additional Reviewer Completed 07/01/2021 8:52 AM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 07/01/2021 9:10 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 07/01/2021 10:10 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 07/01/2021 10:27 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/01/2021 11:29 AM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 07/02/2021 2:54 PM
Office of Management and Budget Susan Usher Additional Reviewer Completed 07/02/2021 4:10 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 07/04/2021 4:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 07/13/2021 9:00 AM
16.K.13
Packet Pg. 2611
[20-CA-3619/1647235/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 20-CA-3619
v. Parcel 1204FEE
KLARITA IVANAJ; MICHAEL A. BOHALL, AS TRUSTEE
OF THE MICHAEL BOHALL TRUST AGREEMENT DATED
8/27/2013; ISRAEL MORALES, JR., YELKIAN LEON;
CHASE BANK, NA; CONSTRUCTORA Y PROMOTORA
V & N, LLC; AND WSC HOMES, LLC
Respondents.
______________________________________________/
JOINT MOTION FOR ENTRY OF A STIPULATED FINAL JUDGMENT AS TO PARCEL
1204FEE
Petitioner, COLLIER COUNTY, FLORIDA, together with Respondent(s), MICHAEL A. BOHALL,
AS TRUSTEE OF THE MICHAEL BOHALL TRUST AGREEMENT DATED 8/27/2013, by and through
undersigned counsel, hereby respectfully move this Court for the entry of the foregoing Stipulated Final
Judgment as to Parcel 1204FEE attached hereto as Exhibit “1”.
___________________________
SALLY A. ASHKAR, ESQ.
Florida Bar No. 1007665
Collier County Attorney’s Office
3299 E. Tamiami Tr., Suite 800
Naples, FL 34112
Telephone: (239) 252-8400
COUNSEL FOR PETITIONER
Sally.Ashkar@colliercountyfl.gov
Sheri.malcolm@colliercountyfl.gov
_/s/ JOHN M. LEROUX____________
JOHN M. LEROUX, ESQ.
Florida Bar No. 773166
3090 Charles Ave., Suite 200
Clearwater, FL 33761
Telephone: (727) 712-1137
COUNSEL FOR RESPONDENT(S)
john@jmleroux.com
pleadings@jmleroux.com
16.K.13.a
Packet Pg. 2612 Attachment: EXECUTED - 1204FEE SFJ; Bohall 063021 (17419 : Stipulated Final Judgment in the amount of $68,000)
[20-CA-3619/1647235/1]
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the Joint Motion for Entry of a Stipulated Final
Judgment was filed with the FL Courts E-Filing Portal on this ___ day of ______ 2021.
By:________________________
SALLY A. ASHKAR, ESQ.
16.K.13.a
Packet Pg. 2613 Attachment: EXECUTED - 1204FEE SFJ; Bohall 063021 (17419 : Stipulated Final Judgment in the amount of $68,000)
[20-CA-3619/1647235/1]
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a political subdivision of
the State of Florida,
Petitioner,
Case No.: 20-CA-3619
v. Parcel 1204FEE
KLARITA IVANAJ; MICHAEL A. BOHALL, AS TRUSTEE
OF THE MICHAEL BOHALL TRUST AGREEMENT DATED
8/27/2013; ISRAEL MORALES, JR., YELKIAN LEON;
CHASE BANK, NA; CONSTRUCTORA Y PROMOTORA
V & N, LLC; AND WSC HOMES, LLC
Respondents.
______________________________________________/
STIPULATED FINAL JUDGMENT AS TO PARCEL 1204FEE
THIS CAUSE, having come before this Court upon the Joint Motion made by Petitioner, COLLIER
COUNTY, FLORIDA, and Respondent(s), MICHAEL A. BOHALL, AS TRUSTEE OF THE MICHAEL
BOHALL TRUST AGREEMENT DATED 8/27/2013, by and through counsel, for the entry of a Stipulated
Final Judgment as to Parcel 1204FEE for Project 60168, and it appearing to this Court that proper notice was
given to the parties having any equity, lien, title, or other interest in or to the real property described therein,
and the Court being otherwise fully advised in the premises thereof, it is
ORDERED AND ADJUDGED that:
1. Respondent(s), MICHAEL A. BOHALL, AS TRUSTEE OF THE MICHAEL BOHALL
TRUST AGREEMENT DATED 8/27/2013, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Sixty-Eight Thousand and No/100 Dollars ($68,000.00) for Parcel 1204FEE, as full
payment for the property interest taken, including damages and statutory interests, in connection with said
parcel.
2. Respondent(s), MICHAEL A. BOHALL, AS TRUSTEE OF THE MICHAEL BOHALL
TRUST AGREEMENT DATED 8/27/2013, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
16.K.13.a
Packet Pg. 2614 Attachment: EXECUTED - 1204FEE SFJ; Bohall 063021 (17419 : Stipulated Final Judgment in the amount of $68,000)
[20-CA-3619/1647235/1]
the total sum of Eight Thousand Five Hundred Eighty and No/100 Dollars ($8,580.00), for all attorney fees
and costs associated with Parcel 1204FEE and no other attorney fees or costs shall be paid in this matter.
3. Respondent(s), MICHAEL A. BOHALL, AS TRUSTEE OF THE MICHAEL BOHALL
TRUST AGREEMENT DATED 8/27/2013, shall recover from Petitioner, COLLIER COUNTY, FLORIDA,
the total sum of Six Thousand Six Hundred Twenty-Five Dollars and No/100 Dollars ($6,625.00), for all
expert fees and costs associated with Parcel 1204FEE and no other expert fees or costs shall be paid in this
matter.
4. Petitioner, COLLIER COUNTY, FLORIDA, is entitled to a credit for the good faith estimate
of value previously deposited in the amount of Forty-Eight Thousand Six Hundred and No/100 Dollars
($48,600.00), as payment for acquisition of Parcel 1204FEE, at which time title to said parcel as described in
Exhibit “A” vested in the name of Petitioner COLLIER COUNTY, FLORIDA.
5. Within thirty (30) days from the entry of this Order, Petitioner, COLLIER COUNTY,
FLORIDA, shall issue a check made payable to the Law Offices of John M. LeRoux, P.A. Trust Account in
the total sum of Thirty-Four Thousand Six Hundred Five and No/100 Dollars ($34,605.00), and deliver
said check to the Law Offices of John M. LeRoux, P.A., 3090 Charles Avenue, Suite 200, Clearwater, Florida
33761.
6. This Order disposes of all claims arising out of the taking of Parcel 1204FEE that have or could
have been asserted in this cause.
7. A fee simple taking, being fully described in Exhibit “A” attached hereto and incorporated
herein, which vested in Petitioner pursuant to the Stipulated Order of Taking dated April 14, 2021, and the
deposit of money heretofore made, is approved, ratified, and confirmed.
8. Petitioner will construct the project in substantial conformance with the ninety percent (90%)
construction plans for the project, which plans are incorporated herein by reference. Respondent understands
and agrees that this Stipulated Final Judgment contemplates the future 6-laning of Vanderbilt Beach Road
(VBR). No additional compensation shall be due to Respondent for the widening of VBR up to 6-lanes.
16.K.13.a
Packet Pg. 2615 Attachment: EXECUTED - 1204FEE SFJ; Bohall 063021 (17419 : Stipulated Final Judgment in the amount of $68,000)
[20-CA-3619/1647235/1]
9. The Notice of Lis Pendens filed in this cause and recorded in Official Record Book 5847, Page
3477of the Public Records of Collier County, Florida is hereby dismissed as to Parcel 1204FEE.
10. This Court reserves jurisdiction to enforce the terms of this Stipulated Final Judgment.
11. This Stipulated Final Judgment is to be recorded in the Official Records of Collier County,
Florida.
DONE AND ORDERED in Chambers, Naples, Collier County, Florida, on this ____ day of
____________, 2021.
_____________________________________
THE HONORABLE ELIZABETH V. KRIER
Circuit Court Judge
Exhibit “A”
16.K.13.a
Packet Pg. 2616 Attachment: EXECUTED - 1204FEE SFJ; Bohall 063021 (17419 : Stipulated Final Judgment in the amount of $68,000)
AERIAL – PARCEL 1204FEE
(Vanderbilt Beach Rd. Ext. Project No. 60168)
/
PARCEL 1204FEE
16.K.13.b
Packet Pg. 2617 Attachment: Aerial Depiction 1204FEE (17419 : Stipulated Final Judgment in the amount of $68,000)